Los Angeles daily herald., 1887-04-13
trnas me Asne.lmsnss Propose.

ttnnt t1ks Amendments Propose.
o. Tuesday next the people of this
h&Sto ars 70 vote upon three amend
Scntu 70 the Constitution. We have
frsouently pointed out the need of these
meaaures. but the day of election being
reer a hand it is timely to recapitulate
he reasons that should insure their
adoption.
IN briefest terms, the propositions are
% rive the Governor power to NIL
vacsncy upon the Supreme bench for
ths unsxpired term, instead OF until the
next general election, as the law now
stands.
70 confer upon the Supreme Court the
mower TO elect from its membership
presiding officer known as Chief Justice,
instesd, g now, making that selection
matter for political contest.
To erect the present Supreme Court
Commission into department OF the
Supreme Court for four years, instead
Of retaining II merely as Board OF
Secretaries, without power to render
judgments, and thus withhold it from
irving the aid imperatively demanded
in bringing the business OF the Court
from srrearage up to date.
To give any five Justices OF the Su'
preme bench power to certify to the
physical or mental incompetency OF
member of the court, and thus secure
his retiracy and the substitution OF
working member. The retired Justice
4 20 be given the reasonable salary OF
$3.50 month for the unexpired portion
Of his term.
To facilitate the business Of the Court,
e il provided that two Justices in de-
partment may pronounce q Judgment,
but three must have sbeard" the case.
Al present the concurrence of three is
necessary. :.
Il i provided that the Justices shall
receive salary of $500 instead of
5000.
The reasons for these amendments are
strong and convincing. That relative
70 removal of incompetents advocates
itself, and no one will venture to say
that worn. n.out and overworked Justice
20 retired should not be put upon pen
sion income for the remainder
Of his term. This assurance
will, like the proposed increase
Of salary, have the tendency to invite
the best men to the bench, and the State
b entitled to the very best talent in
that high office. As we have said,
many of our Supreme Judges have been
overworked: The strain and the tread.
mill existence break down their powers
and leave them at the end of their term
unable to resume practice or engage in
the active affairs Of business life. A few
fine lawyers are still in practice who
have served out terms, but they were all
short terms, nor were their duties any
whore nearly 90 exscting as those now
put upon members of the bench. The
demand for rapidity Of work is UNIVERSAL
the search through the reports of the
many states and countries, and the ex
aminations of the marvelously expanded
ljtsrature OF the law is now incompar
ably more extended and exhausting thar
were such labors few years ago, while
no Court in the country is called upor
to handle 20 much business.
The Bar Association of San Francisco
has shown by undeniable statistics tina
our Court has more work put upon i
than any other of like high character
Since its reorganization in 1879, will
oO4 csses on the calendar, it has had be
fore il 4858 new cases-an average o
60x per year. It has disposed of 4555
or an average of $50 cases in year
With the increase of population an
business, the number of cases will annu
ally increase also. The Supreme Cour
of the United States, with nine Judges
in the past FIVE years has decided bu
1870 cases, or 3O4 q year-less than ha
the average decided by our Court. Tn
Court of Appeals of New York has IA
Gases less annually than our Court; th
Supreme Court of Pennsylvania 2S5 case
less and Massachusetts 303 cases les
per year. In California the jurisdit
tion for appeal begins at $500 involved
in the Supreme Court of the Unite
States it Is $1,000, and in New Yorl
$500. But in that State there are inter
mediate appellate tribunals, which re
lieve the Court of Appeals, that is purel.
an appellate Court and has no origina
jurisdiction as has our final Court. w
have in California sixty-nine Superio
Courts deciding cases, nearly all o
which may be taken to the appellat
Court-frst to o department, then bef0r,
the Court in bank, and finally upon
petition for rehearing; and, since 1879
1000 petitions for rehearing have beer
before our Supreme bench,
If we would discourage litigation, vi
Il 4
that end We should command the bes
equipped and trained talent, and sucl
superior efficiency will not yield tn,
large practice it always has, for rewart
very greatly less than it receives at tn
bar. We are making constitutional law
not for the present or the incumbent
of the Supreme bench, but for all time
for . system that is to endure. We ar.
endeavoring to profit by experience, ant
that lamp lights our way to the new
amendments nnmistak ably.
The Supreme Court is years behind il
it, business. 1t must have the aid of tn,
Commission to put it upon its feet again
and it must be given power to clear itsel
At any time Of members no longer equa
to the discharge of duty. Upon thi
bench depends, in q large measure, tn,
stability Of the government, the quistud,
of titles, the right and speedy settlemen
of business issues, the enforcement O
the criminal law, the Interpretation o
legislative enactments, and the checl
upon legislative abuses. We canno
afford, therefore, to belittle this arm o
the government, or practice falls,
economy concerning it.
The amendments also propose an in
crease of salaries of several of the Su
perior Judges, and the same reasons ap
ply in that - in the case of the Supreme
bench. The Superior bench has fallen
from the high estate of the old District
Courts, and it is time we took steps to
invest it with something of the value
and importance of its predecessor. The
best legal minds should be called to this
lesser branch of the judicial system,
but meager salaries will not do it. The
court should at least. in reward for its